York Regional Police is dropping its racially charged case against Const. Dameian Muirhead, an officer who has maintained the force was punishing him under the Police Services Act for not investigating racial slurs made against him.

And Muirhead’s lawyer now seems to be considering his own legal action against Chief Eric Jolliffe after the York police chief suggested the lawyer purposely derailed Muirhead’s hearing.

“I am proud of the conduct, of myself and other legal counsels that acted with me on this matter, and at the end of the day our position was correct: that there was no basis for these changes, which is why the charges were withdrawn,” defence lawyer Courtney Betty said Monday.

“For York Regional to go that step forward — which is blame legal counsel — that’s something the (counsel) involved will be taking under advisement.”

Jolliffe, in a two-page statement released to the media Monday, wrote that “during the hearing there were repeated attempts to disrupt the hearing and bring discredit to the police discipline process. A hearing that should be completed in one or two days was stretched to seven hearing days over the span of several months with Const. Muirhead’s counsel requesting an additional 10 to 14 hearing days.”

The chief’s statement continued: “Despite the hearing officer’s efforts to maintain decorum and civility within the hearing room, it became apparent that legal counsel could not be deterred from derailing the process through personal attacks against the prosecutor, a police witness and the hearing officer himself.”

Betty said he is seeking “legal advice” about Jolliffe’s statement.

Jolliffe could not be reached for further comment Monday evening.

This is the latest twist in an already complex case. Muirhead’s disciplinary case began in February 2013. The officer had been charged with three counts of misconduct in connection to a May 2011 bush party investigation and a subsequent run-in with one of the partygoers at a gas station. Muirhead, a black man, said the partygoers were hostile and some made racial taunts.

But one partygoer felt Muirhead was the one acting inappropriately. He accused Muirhead of being rude: for example, the officer refused to pick up a motorcycle jacket after it was knocked onto the ground during a licence plate search. The man filed a complaint against the officer.

Jolliffe said that, contrary to media reports, Muirhead was not charged with Police Services Act offences because he refused to investigate racial slurs made against him. Rather, his alleged misconduct was related to not following proper search procedure, “providing … inaccurate information” to the Crown attorney and a failure to “take any responsibility” for actions that led to the public complaint.

The chief said that he would preferred to have dealt with the citizen’s complaint informally with a written reprimand, but Muirhead refused. For reasons not explained, Jolliffe said York’s command team has decided it was “no longer in the best interest” of the service, the community or the complainant to continue with proceedings against the officer.

Muirhead is out of the country and will not be commenting until next week, his lawyer said.